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Posted on January 21, 2010August 31, 2018

Labor Department Plans Free COBRA Extension Webcast

The Department of Labor will hold a free online webcast Friday, January 22, regarding the new requirements of the federal COBRA subsidy.


The two-hour webcast begins at 1 p.m. EST and includes officials from the Labor Department, the Department of the Treasury and the Internal Revenue Service. They are scheduled to discuss the new extension and notice requirements.


“If you are an employer trying to comply with federal COBRA regarding your health plan, or if you are a third-party administrator or a carrier with questions about the new law, this is your chance to hear from the federal regulators and have the opportunity to ask them questions,” said a Labor Department press release.


Late last year, Congress extended the COBRA premium eligibility period until February 28 and increased the maximum period for receiving the subsidy from nine months to 15 months. Eligible individuals pay 35 percent of their COBRA premiums, while the remaining 65 percent is repaid to the employer through a tax credit.


—Rick Bell 



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Posted on January 21, 2010August 31, 2018

Morgan Stanley CEO Brokerage Recruiting Wars Are Overfor Now

The battle for brokers, which led scores of reps to hop from one wirehouse to another in early 2009, came to a grinding halt at end of the year—a development that could last for years, said James Gorman, new chief executive at Morgan Stanley & Co.


After a transformational year, turnover at Gorman’s Morgan Stanley Smith Barney in the top two producer quintiles was at a historic low of less than 1 percent in the fourth quarter, the firm revealed in its quarterly earnings Wednesday, January 20.


“We went through a frenetic period as an industry over the last couple of years in terms of deals and dislocation,” Gorman said in response to a question about turnover on Morgan Stanley’s quarterly conference call. “I truly believe the industry is moving toward a more rational recruiting model.”


“The lower turnover is for real,” he added. “For the next couple of years it should stay low and relatively stable.”


Gorman’s remarks, and Morgan Stanley’s report of lower broker turnover, came on the same day that Bank of America also revealed that headcount in its 15,000-broker Merrill Lynch Global Wealth Management group also stabilized.


Morgan Stanley’s purchase of Smith Barney, which closed in May, created the largest brokerage firm in the world, with 18,135 representatives as of the end of 2009. In the third quarter, Morgan Stanley had 18,160 representatives. Leading up to the close of the acquisition, both firms saw a notable number of reps depart for other wirehouses—or in some cases, regional and independent advisory firms.


With attrition stabilizing in the fourth quarter at Morgan Stanley, each rep brought in $692,000 in revenue, on an annualized basis. Client assets totaled almost $1.6 trillion, more than doubling from a year ago as a result of the merger, but up just 2 percent from the third quarter, mostly from higher asset prices, according to the firm.


This year and next, consolidation expenses related to the merger will continue to rise, peaking in 2011, Morgan Stanley said. Gorman took over from John Mack earlier this month. He has a background in wealth management at Merrill Lynch & Co. Inc. and Morgan Stanley, whereas his predecessor had an investment banking background.


Gorman expects costs of $450 million this year, due to the rationalization of real estate and information technology following the merger.


In response to a question from an analyst on dealing with these costs, Gorman responded, “We’re obviously in the middle of a complex integration program. These items will all come to a head full-year 2011. It’s kind of a two- to three-year program.” 



Filed by Hillary Johnson of InvestmentNews, a sister publication of Workforce Management. To comment, e-mail editors@workforce.com.


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Posted on January 21, 2010August 31, 2018

Workers Comp Cost-Containment Method in Jeopardy

The proportion of workers’ compensation medical costs subject to physician fee schedules is declining, threatening the effectiveness of the traditional cost containment measure, a report says.


Several factors are contributing to the trend, including medical providers shifting from charging private practice fees to billing for procedures through hospitals or other facilities that employ them, Boca Raton, Florida-based NCCI Holdings Inc. said in the report released Tuesday, January 19.


Billing by hospitals and the other facilities may not fall under a workers’ comp fee schedule, the rating and research entity said.


The report, “Medicare and Workers’ Compensation Medical Cost Containment,” examined how Medicare reimbursement rates influence prices paid for medical services, including those funded through state workers comp systems.
 
“To maintain the effectiveness of medical fee schedules, workers’ compensation [systems] might consider using Medicare billing approaches for hospital stays and ambulatory services, but in doing so should adapt Medicare models to workers’ compensation priorities,” NCCI said in the report.


The NCCI report is available online at www.ncci.com.



Filed by Roberto Ceniceros of Business Insurance, a sister publication of Workforce Management. To comment, e-mail editors@workforce.com.


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Posted on January 21, 2010August 31, 2018

10 Key Issues for Defined-Benefit Plan Sponsors

HR consulting firm Mercer notes that defined-benefit pension plan sponsors are starting 2010 with “renewed optimism,” as the economy and capital markets have rebounded, bringing pension plans’ funded positions along with them. Mercer says that sponsors should “temper this optimism with a drop of caution, because many issues that arose during the economic downturn still exist.” Mercer has identified 10 key issues pension plan sponsors should examine for opportunities to improve their plans’ financial and regulatory footing:


1. Reduce pension risk and required contributions. Many pension sponsors have already made several key decisions regarding the methods used to calculate the funding of their plans, but now there is a one-time opportunity to make another election. They can adopt segmented rates and lower the 2010 minimum required contribution and reduce long-range pension risk.


    2. Avoid surprise contributions. Changes to plan provisions or negotiated benefits may require an immediate cash outlay by the pension sponsor. Therefore, any impending changes should be carefully analyzed to determine their potential effect on the funding requirements and the possible benefit restrictions if contributions are not made in a timely way.


3. Educate fiduciaries about pension-plan risk. Many plan sponsors who thought they understood pension-plan risk have realized that they did not. Sponsors should regularly review multiyear forecasts of the plan’s funded status against varying economic scenarios so that they have a solid understanding of potential financial commitment they may face in the distant or not-so-distant future.


4. Understand benefit-restriction triggers and funding certifications. Amendments to plan provisions or special events, such as a plant shutdown, can trigger immediate benefit restrictions. They may also require immediate updates to funded-status certifications to avoid potential plan disqualification. Pension sponsors should review their governance structure to ensure effective coordination with all parties involved in such transactions or events, as well as the actuary.


5. Anticipate new Pension Benefit Guaranty Corp. reporting requirements. The PBGC is likely to add new “reportable events” requirements in 2010 and has also proposed eliminating most automatic waivers and filing extensions. These changes will increase sponsors’ reporting burdens and may have secondary effects, such as triggering disclosures under debt covenants.


6. Consider delegating investment discretion. Effectively managing a pension plan takes resources, time and specialized investment expertise. Many sponsors cannot adequately staff to handle the increasingly complex plans, making it difficult to properly react to capital market changes and opportunities. Sponsors should consider whether delegating investment decisions to a qualified fiduciary may better meet both sponsor and plan objectives.


7. Revisit the investment manager structure. Given the upheaval in financial markets and an unclear future, take an initial step and revisit the entire investment manager structure. Next, review how each asset class is structured and, finally, re-evaluate the fees charged by managers.


8. Review and verify risk tolerance. Increased market volatility has certainly shed light on the riskiness of certain investment products. This is a good time to reassess attitudes about risk, especially within alternative investments and other derivative-based products. Does taking on increased risk meet the overall objectives of the plan?


9. Set guidelines to avoid conflicts of interest. U.S. Department of Labor and Internal Revenue Service auditors are looking for potential conflicts of interest with anyone who may influence investment decisions. Plan sponsors should set formal guidelines for this process, including standards regarding gifts from current or potential vendors.


10. Take steps to prevent fiduciary pitfalls. When audits or lawsuits occur, the DOL, the Securities and Exchange Commission, external auditors and courts focus on the fiduciary decision-making process, not just the outcomes. Sponsors should review their own structures, including the roles and responsibilities of the benefits committee, to verify proper accountability, oversight and overall compliance.


Mercer has also compiled a companion list of resolutions for defined-contribution plans.


Source: Mercer

Posted on January 20, 2010August 31, 2018

Employee Free Choice Act Supporters Press On Despite Longer Senate Odds

Health care reform isn’t the only issue dealt a major setback by the stunning political upset in Massachusetts. A bill that would make it easier for workers to form a union now faces longer odds in the Senate.


When Sen.-elect Scott Brown, R-Massachusetts, is sworn in to the seat once occupied by the late Sen. Edward Kennedy, he will be in a position to deliver a potentially decisive vote against the Employee Free Choice Act.


Brown will become the 41st Senate Republican, which gives the caucus precisely the number of votes it needs to sustain a filibuster. Republicans used the parliamentary tactic to kill EFCA in 2007. The number of Senate Democrats will drop to 59 after Brown joins the body.


Brown, who beat Democratic Massachusetts Attorney General Martha Coakley in a Tuesday, January 19, special election to replace Kennedy, opposes the bill.


The measure has stalled since its March introduction. Even when the Democratic Senate caucus numbered 60, EFCA supporters couldn’t bring enough moderate Democrats on board to overcome a filibuster.


Organized labor is signaling that it won’t back down on EFCA, even though leaders didn’t mention the bill by name in their reaction to Brown’s election. 


“The American people are urgently expecting RESULTS from Washington,” AFL-CIO president Richard Trumka said in a statement Tuesday. “If elected officials want the support of working families they need to fight to win legislation on jobs, health care and financial regulations.”


Labor supporters argue that EFCA should be part of the economic recovery conversation because it would give workers leverage to increase their wages and benefits through collective bargaining.


“We believe that Congress will be anxious to consider legislation that will help rebuild the middle class as part of its focus on jobs and the economy,” said a labor official who didn’t want to be quoted on the record talking about EFCA strategy.


Labor has been battling fiercely with business interests for nearly a year regarding the bill.


Employer groups aren’t letting their guard down. They’re wary of labor trying to use jobs legislation to pass EFCA.


“The margin against EFCA still remains razor thin,” said Glenn Spencer, executive director of the Workforce Freedom Initiative at the U.S. Chamber of Commerce. “We’re going to remain vigilant on any effort to ram EFCA through, especially any effort to cram any provisions into a jobs bill.”


In its original form, the measure would enable a union to form once a majority of workers signed cards authorizing one, effectively eliminating secret-ballot organizing elections. It also would impose mandatory binding arbitration on first-contract disputes and substantially increase penalties against employers for violating workers’ rights.


EFCA is the top priority of organized labor, which is seeking ways to increase its numbers. Currently, about 7 percent of the private-sector workforce is unionized.


With midterm elections looming, the challenge to pass EFCA will only get tougher after this year. Democrats might lose more Senate seats in November.


In a January 11 speech at the National Press Club in Washington, Trumka said that the measure would gain congressional approval by April.


“It’s kind of now or never for them,” said Brett McMahon, vice president of Miller & Long, a concrete subcontractor and a member of Associated Builders and Contractors. “If the chances are [lower] now to get something done, they may become truly impossible in the next Congress.”


—Mark Schoeff Jr.



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Posted on January 19, 2010August 31, 2018

Dear Workforce How Do We Improve Our Recruitment of Topnotch Nurses?

Dear Getting Ready for the Rebound:

As you have discovered through trial and error, many people no longer turn to the newspaper to find a job.

There are some high-tech “want ad” replacements, but in today’s market, leveraging the relationships of nurses already on board is probably the best way to find new talent.

First, let’s talk briefly about online job posting. You mention you have avoided large job boards because they are expensive, but there are several popular online venues where job posting is free. These include LinkedIn, Craigslist and some alumni sites. You might want to experiment with these and see if a posting attracts quality candidates.

Another electronic recruiting option is your own Web site. Job seekers today are doing targeted job hunts. It is not unusual for candidates to research many companies and then focus all their efforts on a chosen few. If you improve your Web site to clearly show why you are a great employer and let job seekers know that you are hiring, this can yield good talent.

The most effective recruiting doesn’t involve technology at all. Experienced hiring professionals believe that networking remains the most effective approach. That means you should ask all the nurses who work with you to recommend their friends, former colleagues and mentors.

One successful way to engage your existing staff is to build a referral incentive program. Many companies offer a small cash bonus to any employee who recommends an individual who gets hired. You could also hold an open house or host a series of presentations on topics of interest to nurses and ask your current team to bring their friends and former co-workers.

Last, it makes sense to ask the nurses you employ already where they would look if they were going to find a candidate (or search for a job). This will help you spot recruiting methods and sources you have not identified.

SOURCE: Ellen Raim, vice president of human resources, Cascade Microtech, Beaverton, Oregon

LEARN MORE:Solutions and strategies for recruiting minority nurses
The information contained in this article is intended to provide useful information on the topic covered, but should not be construed as legal advice or a legal opinion. Also remember that state laws may differ from the federal law.

Ask a Question
Dear Workforce Newsletter
Posted on January 19, 2010August 31, 2018

Dear Workforce What Is the Best Way to Devise a Template for Workforce Planning?

Dear Stumped:

Before we get to the specific questions, let’s identify what a workforce plan actually does to ensure your organization has the right workers with the right skills at the right time.

A thorough workforce plan:

• Translates organization strategy into human capital needs.

• Analyzes demographics, current and projected staffing levels, current and projected skill mix, turnover trends, retirement risk and assumed growth.

• Assesses available workforce supply and demand in the markets where the organization needs talent.

• Identifies short- and long-term risks in attracting and retaining critical talent.

• Recommends recruiting and retention programs to close the risk gap and protect intellectual capital.

• Prioritizes programs/solutions by their return on investment.

Each of these discrete action elements also can be thought of as a different phase of a workforce plan. Each phase answers a unique set of questions or issues.

Phase I: Translate organization strategy into human capital needs
Key questions include:
1. What is your organization’s vision, its mission and its short- and long-term strategy?
2. What does this strategy tell you about what the organization needs from its current and future workforce?
3. What competencies will be most critical in the future for your growth? For servicing your customers? For continuing to innovate?

Phase II: Analyze demographics and trends
Key questions include:
1. What are your current and projected staffing trends (especially in key positions and roles)?
2. What are the projected turnover and retirement trends?
3. What gaps do you see as a result of this analysis?

Phase III: Assess available workforce supply and demand in the markets where you need talent
Key questions include:
1. On the supply side, how would you describe the labor pool, lifestyle shifts and the economic and regulatory environment?
2. On the demand side, what are the organization’s requirements, internal demographics and the “employment deal” being offered?
3. What does the optimal workforce model look like?

Phase IV: Identify short- and long-term risks in attracting and retaining critical talent
Key questions include:
1. What are the short- and long-term costs and benefits of attracting the talent required?
2. What are the short- and long-term costs and benefits of retaining the talent required?
3. What risks are posed by attracting or not attracting the talent needed?
4. What risks are posed by retaining or not retaining the talent needed?

Phase V: Recommend recruiting and retention programs to close the risk gap and protect intellectual capital
Key questions include:
1. What elements from “best practice” recruiting and retention programs can you apply?
2. What programs will give you the best return for the cost?
3. What will close the gaps in the least amount of time?

Phase VI: Prioritize programs/solutions by ROI
Key questions include:
1. What are the total costs and investment return for each option identified?
2. What change management issues are associated with each solution?

SOURCE: Richard Greenberg, president, The BreakThru Alliance, Marina del Rey, California, December 16, 2009

LEARN MORE: Workforce planning helps your organization ensure that its talent is equipped to drive performance. It is an issue that assumes greater importance in an uncertain world.

The information contained in this article is intended to provide useful information on the topic covered, but should not be construed as legal advice or a legal opinion. Also remember that state laws may differ from the federal law.

Ask a Question
Dear Workforce Newsletter
Posted on January 19, 2010August 31, 2018

Employers Report Dissatisfaction With Health Insurers Services

In most every respect, employers of all sizes are less happy than in previous years with the services provided by their health insurers, according to a PricewaterhouseCoopers report published Tuesday, January 19.


Overall, 59 percent of employers said they were satisfied with the job performed by their health insurer in 2009, down from 64 percent in 2008. And the smaller the firm, the less satisfied they were likely to be, though the level of satisfaction has remained steady at 52 percent. Employers are particularly dissatisfied with services intended to lower cost and improve employee health.


“I think in this economic time, [employers] are under significant economic pressure with their health benefits,” said Kathryn Stein, managing director at PricewaterhouseCoopers’ health industries practice in Chicago and an advisor to the team that authored the report. “And they are looking to insurers to step up and help them deal with cost issues, access issues and affordability—all the things they need to do to manage their health benefits.”


Health care costs continue to widely outpace inflation. And employers believe that insurers are not doing enough to keep those costs under control, forcing employers to pass them on to employees. Despite the recession—or perhaps because of it—60 percent of employers in the study said they would increase health care cost-sharing for employees. Increasing the relative burden of health care costs among employees was the most prevalent cost-control strategy used by the businesses that were surveyed.


More employers want health plan members to have access to better personal health technology tools, but as the importance of such mechanisms grows in the eyes of employers, the less insurers are doing to adequately provide the services. Satisfaction with personal health records and online comparison tools actually dropped 10 percentage points among large employers since 2008, the report states.


The report also notes that insurers have not done enough to provide employers with “meaningful and higher-quality data to help them control costs and keep their employees healthy. Employers would like insurers to take an active role in waste reduction and are looking for consistency and transparency in their health benefit plans.”


Less than 25 percent of employers are satisfied with their insurers’ ability to prepare risk profiles for their plan members.


Wellness and disease management programs also are problematic areas. Insurers have successfully marketed these programs, with more employers offering them than in previous years in the belief that they are critical or important to their business, according to the report.


However, employers are less satisfied with the programs, citing declining participation rates among employees, in part because the impact of incentives such as cash and other rewards appears to be wearing off.


The report says more workers are completing basic health risk assessments without the need for incentives and that more employers are focusing on rewarding health behavior rather than participation in an employer wellness program.


Disease management presents a trickier problem, since employees enrolled in those programs tend to have more complex, chronic illnesses. Managing them will require insurers to better coordinate the care patients receive. 


Stein, who consults on health care issues for large employers, said companies are looking for insurers to help them manage their health care costs, especially through wellness and disease management programs, but that large insurers are less adept at changing quickly and offering new innovations.


The report, though, could galvanize insurers to do more for their customers, she said.


“I think there is pressure for them to improve,” Stein said of insurers. “It’s primarily the pressure they are feeling from their own customers. Most changes are made in the insurer world because their employer customers are demanding it.”


—Jeremy Smerd 



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Posted on January 18, 2010August 31, 2018

Workers Coffee Break Injury Ruled Compensable

Injuries that a foreman plumber suffered while driving for coffee arose in the course of his employment, a New Jersey appellate court has ruled.


The January 13 decision by the Superior Court of New Jersey Appellate Division in Jesse J. Cooper Sr. v. Barnickel Enterprises Inc. upheld a Division of Workers’ Compensation finding that Cooper suffered 100 percent disability as a result of a February 2003 auto accident that caused compound fractures in both legs and his left arm.


Barnickel appealed the division’s judgment, arguing that the accident occurred while Cooper was on a personal errand unrelated to his work, irrespective of company authorization to use one of its vehicles.


The accident occurred shortly after Cooper left a union hall where he had gone to discuss an upcoming company project with a union instructor. But because the instructor was busy teaching a class, Cooper took a coffee break.


The New Jersey Appellate Division ruled that Cooper, who is an “off-site” employee—one who does not report to a single job site—could not be expected to “stand like a statue or remain at the union hall with nothing to do for such a period, particularly when there was no coffee available at the site.”


Accidents occurring during coffee breaks for off-site employees are equivalent to those suffered by on-site workers and “are minor deviations from employment which permit recovery of workers’ compensation benefits,” the court ruled.



Filed by Roberto Ceniceros of Business Insurance, a sister publication of Workforce Management. To comment, e-mail editors@workforce.com.


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Posted on January 18, 2010June 27, 2018

Law Protecting Gay, Transgender Workers Vowed in 2010

A pivotal senator on employment issues predicted congressional approval in 2010 of legislation that would ban workplace discrimination on the basis of sexual orientation or gender identity.


Although health care still is dominating the legislative calendar, Sen. Tom Harkin, D-Iowa and chairman of the Senate Health, Education, Labor and Pensions Committee, promised an Obama administration official at a November hearing that the Employment Non-Discrimination Act would get to President Barack Obama’s desk.


“We’re going to move this bill next year,” Harkin said to Tom Perez, assistant attorney general for civil rights. “I’ll see you at the bill signing.”


The measure would prohibit basing hiring, firing, promotion and compensation decisions on actual or perceived sexual orientation or gender identity.


Supporters assert that a federal bill is required because only 29 states have laws protecting gays and lesbians at a business operation.


The private sector is given generally high marks for recruiting and promoting people of all sexual orientations. Some in the business community, however, have raised concerns about the details of gender identity compliance.


Prospects for the bill are good because the Senate measure has 42 bipartisan co-sponsors—enough to overcome a filibuster. A similar House bill has 189 co-sponsors. The House approved a version in the previous Congress that did not address transgender workers.


Now bill advocates are confident that they have enough support for gender identity, especially with a president who’s poised to sign the bill.


“The Obama administration believes that ENDA must be the next step in the unfinished business of America which is civil rights,” Perez said.


Employers are credited with being a step ahead of Congress on inclusive work environments.


About 87 percent of Fortune 500 companies have sexual orientation policies and more than a third include gender identity.


Nike Inc., the giant athletic equipment maker, is one of 80 companies in the Business Coalition for Workplace Fairness, which supports ENDA.


“Our ability to continually innovate and positively influence as a global corporate citizen hinges on our ability to welcome diverse perspectives and ideas and to make an investment in all of our employees,” Virginia Nguyen, a member of the Nike diversity and inclusion team, said at the hearing.


But the Society for Human Resource Management and other business groups are cautious about ENDA because of what they see as ambiguous gender identity provisions.
Camille Olson, a partner at Seyfarth Shaw in Chicago, told the Senate panel that the bill is unclear about whether or how a company must modify restrooms, showers and other shared facilities for transgender employees.


Nike has not experienced accommodation problems, according to Nguyen. Workers use facilities that correspond to their gender identity, not their birth gender, and there are “private areas” in restrooms and locker rooms.


In an interview, Olson said that members of Congress are listening to her concerns.


“The philosophy that I’ve heard expressed by people who are involved is one of adding more clarity so that if [the bill] is implemented, we’re not wasting resources on questions about what does it mean,” she said.


—Mark Schoeff Jr.



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